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2023 DAILYLAW 3517 (PNJ)

SHANKAR SHARMA v. STATE OF PUNJAB

CRM-M/46715/2025 · 2026-03-27

Alok Jain

body2023

Judgment text

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CRM-M-46715 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (103) SHANKAR SHARMA STATE OF PUNJAB CORAM: Present: ALOK JAIN, J. (Oral) 1. bail to the petitioner in case FIR No. 47 dated 04.04.2023, under Section 304-B of the IPC, registered at Police Station Civil Lines, District Patiala. 2. petitioner got married to the deceased on 30.04.2021, and they were blessed with a daughter on 29.10.2022. There had never been any complaint or disharmony between them, and the petitioner was at his workplace when the deceased too the specific case of the petitioner that there were no injuries on the body of the deceased and that there have never been any allegations against the petitioner or his family, much less any demand account of non -1- 46715-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH SHANKAR SHARMA Versus STATE OF PUNJAB HON’BLE MR. JUSTICE ALOK JAIN **** Mr. P.S. Ahluwalia, Sr. Advocate with Mr. Gaurav Jain, Advocate for the petitioner. Mr. Japjot Singh AAG, Punjab. **** ALOK JAIN, J. (Oral) The present petition has been filed seeking the grant of regular bail to the petitioner in case FIR No. 47 dated 04.04.2023, under Section B of the IPC, registered at Police Station Civil Lines, District Patiala. Learned senior counsel for the pet petitioner got married to the deceased on 30.04.2021, and they were blessed with a daughter on 29.10.2022. There had never been any complaint or disharmony between them, and the petitioner was at his workplace when the deceased took the extreme step of hanging herself on 03.04.2023. It is the specific case of the petitioner that there were no injuries on the body of the deceased and that there have never been any allegations against the petitioner or his family, much less any demand account of non-fulfillment of dowry demands. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-46715-2025 (O&M) Date of Decision:- 27.03.2026 ……Petitioner ……Respondent ALOK JAIN Mr. P.S. Ahluwalia, Sr. Advocate with Mr. Gaurav Jain, Advocate for the petitioner. Mr. Japjot Singh AAG, Punjab. The present petition has been filed seeking the grant of regular bail to the petitioner in case FIR No. 47 dated 04.04.2023, under Section B of the IPC, registered at Police Station Civil Lines, District Patiala. counsel for the petitioner submits that the petitioner got married to the deceased on 30.04.2021, and they were blessed with a daughter on 29.10.2022. There had never been any complaint or disharmony between them, and the petitioner was at his workplace when k the extreme step of hanging herself on 03.04.2023. It is the specific case of the petitioner that there were no injuries on the body of the deceased and that there have never been any allegations against the petitioner or his family, much less any demand for dowry or harassment on fulfillment of dowry demands. 27.03.2026 ……Petitioner ……Respondent The present petition has been filed seeking the grant of regular bail to the petitioner in case FIR No. 47 dated 04.04.2023, under Section itioner submits that the petitioner got married to the deceased on 30.04.2021, and they were blessed with a daughter on 29.10.2022. There had never been any complaint or disharmony between them, and the petitioner was at his workplace when k the extreme step of hanging herself on 03.04.2023. It is the specific case of the petitioner that there were no injuries on the body of the deceased and that there have never been any allegations against the for dowry or harassment on MANJU 2026.03.27 15:14 I attest to the accuracy and integrity of this document CRM-M-46715 3. any specific demands allegedly raised and that only vague and omnibus allegations have been levelled, stating that t harassed for not bringing dowry and for giving birth to a daughter. Learned senior counsel for the petitioner vehemently argues that the girl child is still in the custody of the petitioner’s parents and that there has never bee issue regarding the birth of a female child. submits that the co been granted anticipatory bail, and the father of the petitioner was granted regular bail on 18.07.20 have been examined and that further incarceration of the petitioner is not required. 4. certificate, which is taken on record, and has opposed the concession to the petitioner. It is submitted that an unnatural death occurred within seven years of marriage and, therefore, the onus of proof has shifted onto the petitioner. Learned State counsel submits that there are specific allegations against the petitioner; however, he could not deny the fact that, except for the cross witnesses have been examined. 5. 6. more than 0 dated 24.03.2026, and further considering that all material witnesses have -2- 46715-2025 (O&M) Learned counsel further submits that the FIR does not disclose any specific demands allegedly raised and that only vague and omnibus allegations have been levelled, stating that t harassed for not bringing dowry and for giving birth to a daughter. Learned counsel for the petitioner vehemently argues that the girl child is still in the custody of the petitioner’s parents and that there has never bee issue regarding the birth of a female child. submits that the co-accused i.e., the mother and sister of the petitioner, have been granted anticipatory bail, and the father of the petitioner was granted regular bail on 18.07.2025. It is also submitted that all material witnesses have been examined and that further incarceration of the petitioner is not Per contra, learned State counsel has filed the custody certificate, which is taken on record, and has opposed the concession to the petitioner. It is submitted that an unnatural death occurred within seven years of marriage and, therefore, the onus of proof has shifted onto the petitioner. Learned State counsel submits that there are specific against the petitioner; however, he could not deny the fact that, except for the cross-examination of the complainant’s brother, all material witnesses have been examined. Heard learned counsel for the parties. Considering the fact that the peti 02 years, 10 months, and 26 days, as per the custody certificate .03.2026, and further considering that all material witnesses have Learned counsel further submits that the FIR does not disclose any specific demands allegedly raised and that only vague and omnibus allegations have been levelled, stating that the deceased was taunted and harassed for not bringing dowry and for giving birth to a daughter. Learned counsel for the petitioner vehemently argues that the girl child is still in the custody of the petitioner’s parents and that there has never been any Learned counsel further accused i.e., the mother and sister of the petitioner, have been granted anticipatory bail, and the father of the petitioner was granted 25. It is also submitted that all material witnesses have been examined and that further incarceration of the petitioner is not , learned State counsel has filed the custody certificate, which is taken on record, and has opposed the grant of any concession to the petitioner. It is submitted that an unnatural death occurred within seven years of marriage and, therefore, the onus of proof has shifted onto the petitioner. Learned State counsel submits that there are specific against the petitioner; however, he could not deny the fact that, examination of the complainant’s brother, all material Heard learned counsel for the parties. Considering the fact that the petitioner has been in custody for 2 years, 10 months, and 26 days, as per the custody certificate .03.2026, and further considering that all material witnesses have Learned counsel further submits that the FIR does not disclose any specific demands allegedly raised and that only vague and omnibus he deceased was taunted and harassed for not bringing dowry and for giving birth to a daughter. Learned counsel for the petitioner vehemently argues that the girl child is still n any Learned counsel further accused i.e., the mother and sister of the petitioner, have been granted anticipatory bail, and the father of the petitioner was granted 25. It is also submitted that all material witnesses have been examined and that further incarceration of the petitioner is not , learned State counsel has filed the custody grant of any concession to the petitioner. It is submitted that an unnatural death occurred within seven years of marriage and, therefore, the onus of proof has shifted onto the petitioner. Learned State counsel submits that there are specific against the petitioner; however, he could not deny the fact that, examination of the complainant’s brother, all material tioner has been in custody for 2 years, 10 months, and 26 days, as per the custody certificate .03.2026, and further considering that all material witnesses have MANJU 2026.03.27 15:14 I attest to the accuracy and integrity of this document CRM-M-46715 been examined, coupled with the fact that the trial is likely to take considerable time, no useful purpose would be served by keeping the petitioner in custody any longer. Accordingly, the petitioner is held entitled to the concession of regular bail. 7. petition stands not required in any other case on furnishing bail bonds and surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned. The petitioner shal conditions: i ii iii iv imposed in addition to Section 483 of BNSS, 2023. -3- 46715-2025 (O&M) been examined, coupled with the fact that the trial is likely to take derable time, no useful purpose would be served by keeping the petitioner in custody any longer. Accordingly, the petitioner is held entitled to the concession of regular bail. Without commenting upon the merits of the case, the present petition stands allowed and the petitioner is ordered to be released on bail if not required in any other case on furnishing bail bonds and surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned. The petitioner shall, however, be released on the following The petitioner shall declare his ordinary place of residence and the mobile number used by him. The petitioner will not switch off his mobile and in case of any technical glitch, he has to give an altern be available in his absence. The petitioner will mark his presence before the SHO concerned, after every 15 days and in case the SHO refuses to mark his presence, he is permitted to make an application before the Illaqa Magistrate, concerned. The petitioner will not leave the country without the prior permission of the Court, for which he will submit the copy of his passport also. However, in case the petitioner does not possess a passport, then he shall file an undertaking to the sai effect before being released. The petitioner shall abide by the terms and conditions as imposed in addition to Section 483 of BNSS, 2023. been examined, coupled with the fact that the trial is likely to take derable time, no useful purpose would be served by keeping the petitioner in custody any longer. Accordingly, the petitioner is held entitled Without commenting upon the merits of the case, the present allowed and the petitioner is ordered to be released on bail if not required in any other case on furnishing bail bonds and surety bonds to the satisfaction of the trial Court/Duty Magistrate, l, however, be released on the following his ordinary place of residence and the mobile number used by him. The petitioner will not switch off his mobile and in case of any technical glitch, he has to give an alternate number, which will The petitioner will mark his presence before the SHO concerned, after every 15 days and in case the SHO refuses to mark his presence, he is permitted to make an application oncerned. The petitioner will not leave the country without the prior permission of the Court, for which he will submit the copy of his passport also. However, in case the petitioner does not possess a passport, then he shall file an undertaking to the said The petitioner shall abide by the terms and conditions as imposed in addition to Section 483 of BNSS, 2023. been examined, coupled with the fact that the trial is likely to take derable time, no useful purpose would be served by keeping the petitioner in custody any longer. Accordingly, the petitioner is held entitled Without commenting upon the merits of the case, the present allowed and the petitioner is ordered to be released on bail if not required in any other case on furnishing bail bonds and surety bonds to the satisfaction of the trial Court/Duty Magistrate, l, however, be released on the following his ordinary place of residence and The petitioner will not switch off his mobile and in case of any ate number, which will The petitioner will mark his presence before the SHO concerned, after every 15 days and in case the SHO refuses to mark his presence, he is permitted to make an application The petitioner will not leave the country without the prior permission of the Court, for which he will submit the copy of his passport also. However, in case the petitioner does not d The petitioner shall abide by the terms and conditions as MANJU 2026.03.27 15:14 I attest to the accuracy and integrity of this document CRM-M-46715 8. expression of opinion on the merits of the case considered as parity qua any other co 9. involved in any such activity once again, the State is at liberty to promptly move an appropriate application for cancellation of bail detailing out the circumstances and violation of conditions of bail. 10. March 27, 2026 manju Whether speaking/reasoned: Whether Reportable: -4- 46715-2025 (O&M) However, nothing stated above shall be construed as a final expression of opinion on the merits of the case considered as parity qua any other co-accused in any manner whatsoever. It is further made clear that, in case, the petitioner is found involved in any such activity once again, the State is at liberty to promptly ppropriate application for cancellation of bail detailing out the circumstances and violation of conditions of bail. Pending application(s), if any, stands disposed of. March 27, 2026 Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No However, nothing stated above shall be construed as a final expression of opinion on the merits of the case and this order shall not be accused in any manner whatsoever. It is further made clear that, in case, the petitioner is found involved in any such activity once again, the State is at liberty to promptly ppropriate application for cancellation of bail detailing out the circumstances and violation of conditions of bail. Pending application(s), if any, stands disposed of. (ALOK JAIN) JUDGE However, nothing stated above shall be construed as a final and this order shall not be It is further made clear that, in case, the petitioner is found involved in any such activity once again, the State is at liberty to promptly ppropriate application for cancellation of bail detailing out the MANJU 2026.03.27 15:14 I attest to the accuracy and integrity of this document